AILET (All India Law Entrance Test) Legal-Aptitude: Questions 111 - 111 of 152

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Question number: 111

» Tort

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Appeared in Year: 2014

MCQ▾

Question

LEGAL PRINCIPLES:

No fault liability means liability of a person even without any negligent act on his part and even if he has taken due care and caution.

If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes.

No one can be penalized for an Act of God which is unforeseeable and unpredictable.

FACTUAL SITUATION: A owned and managed a company supplying electricity to the nearby locality. On a particular windy and stormy day, one of the wires snapped and was hanging down. B, a cyclist who was driving in the night, saw the wire from a distance. There was a nearby street light with low visibility. He came in contact with the wire and was electrocuted immediately. His heirs sued A on ground of strict liability. Decide.

Choices

Choice (4)Response

a.

A is not liable because sudden storm and winds without A’s negligence was an Act of God.

b.

A is liable because supplying electricity is an inherently dangerous use of land and he should have been careful.

c.

A is not liable because B’s negligence caused him injury.

d.

A is not liable because B must have stayed indoor on a windy day.

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